CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,

DECENCY AND MORALS

268. A person is guilty of a public nuisance who does any act or is guiltyto an illegal omission which causes any com­mon injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

269. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

271. Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other place, shall be punished with impris­onment of either description for a term which may extend to six month, or with fine, or with both.

272. Whoever adulterates any article of food or drink so as to make such article noxious as food or drink, intending to sell such article as food or drink or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

273. Whoever sales, or offers or exposes for sale, as food or drink, any article which has been rendered or has be­come noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both..

274. Whoever adulterates any drug or medical prepara­tion in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it nox­ious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six month or with fine which may extend to one thou­sand rupees, or with both.

275. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its_ efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dis­pensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purpose, any drug or medical preparation as a different drug or medical prepa­ration shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

277. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

278. Whoever voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

279. Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to [two years],1 or with fine which may ex­tend to one thousand rupees, or with both.

279A. Whoever throws or causes to fall or strike at, against, into or upon any vehicle in public place, any wood, stone, acid or other mailer or thing, with intent or knowledge that he is likely to endanger the safety of any person being in or upon such vehicle, shall be punished with imprisonment of either descrip­tion for a term which may extend to one year, or with fine which may extend to five hundred r~1pees, or with both.

Explanation. 1.– For the purpose of this section, “ve­hicle” means a wheeled conveyance capable of being used on a street.

Explanation. 2 — It is not an offence punishable under this section to throw water at any vehicle in a public place dur­ing the Thingyan Festival.

Explanation. 3. — Nothing contained in this section shall be deemed to prevent any person from being prosecuted under any other section of this Code or under any other law for any act or omission.

280. Whoever navigates any vessel in manner so rash Or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person shall be punished with imprison­ment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

281. Whoever exhibits any false light, mark or buoy, intending or knowing it to likely that such exhibition will mis­lead any navigator, shall be punished with imprisonment of ei­ther description for a term which may extend to seven years, or with fine, or with both.

282. Whoever knowingly or negligently conveys or causes to be conveyed for hire any person by water in any ves­sel, when that vessel is in such a state or so loaded as to endan­ger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

283. Whoever, by doing any act or by omitting to take to order with any property in his possession-or under his causes danger, obstruction or injury to any person in any way or public line of navigation shall be punished with fine which may extend to two hundred rupees.

284. Whoever does with any poisonous substance any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person.

or knowingly or negligently omits to take such order with any poisonous substance1‘ in his possession as is sufficient to guard against probable danger to human life from such poison­ous substance,

shall be punished with imprisonment of either descrip­tion for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

285. Whoever does with fire or any combustible matter any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,

or knowingly~, or negligently omits to take such order with any fire or any combustible matter in’ his possession is sufficient to guard against any probable danger to human life from such fire or combustible matter,

shall be punished with imprisonment of either description [for at term which may extend to three years, and shall also be liable to fine.]*

286. Whoever does with any explosive substance any act so rashly or negligently as to endanger human life, or. t6~ be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance,

shall be punished with imprisonment of either descrip­tion for a term which may extend to [three years, and shall also be liable to fine.]1

287. Whoever does with any machinery any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,

or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery,

shall be punished with imprisonment of either descrip­tion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

288. Whoever in pulling down or repairing any build­ing knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human lii~ from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

289. Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any prob­able danger of grievous hurt from such animal, shall be pun­ished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.

290. Whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished with fine which may extend to two hundred rupees.

291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful au­thority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

292. Whoever

(a) sell, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purpose of sale, hire, distribution, pub-lie exhibition or circulation, makes, pro­duces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

(b) imports, exports or conveys any obscene ob­ject for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distrib­uted or publicly exhibited or in any man­ner put into circulation, or

(c) takes part in or receives profits from any busi­ness in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes afore­said, made, produced, purchased, kept, imported, exported, conveyed~ publicly exhibited or in any manner put into circu­lation or

(d) advertises or makes known by any means whatsoever that any’ person is engaged or is ready to engage. in any act which is an offence under this section or that any such obscene object can be procured from or through any person,. or

(e) offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Exception. – This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculpture engrave painted or otherwise represented on or in any temple, or on any car used for the convey­ance of idols, or kept or used for any reli­gious purpose.

293. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six moths, or with fine, or with both.

294. Whoever, to the annoyance of others, —

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene songs, bal­lad or words in or near any public place.

shall be punished with imprisonment of either description for a term which may extend to three moths, or with fine, or with both.

294A. Whoever keeps any office or place for the pur­pose of drawing any lottery [or promoting or conducting any lottery]1 not authorized by Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

[Whoever]2 punishes any proposal to pay any sum, or to deliver any goods or to do or forbear doing anything for the ben­efit of any person on any event of contingency relative or appli­cable to the drawing of any ticket, lot, number or figure in any such lottery [or to the conduct of any such lottery]1, shall be punished with fins which may extend to one thousand rupees.

[Whoever distributes or offers or advertises for distribu­tion any tickets or chances in any lottery otherwise than by way of sale, upon receipt of the full sale price thereof, as stated on the ticket, shall be punished with fine which may ‘extend to one thousand kyats.]1

 
 

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